STATE v. BONEY

No. WD 38640.

749 S.W.2d 418 (1987)

STATE of Missouri, Respondent, v. Bernard D. BONEY, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Denied June 30, 1987.

Application for Transfer Sustained September 15, 1987.

Case Retransferred January 25, 1988.

Opinion Readopted February 1, 1988.


Attorney(s) appearing for the Case

James W. Fletcher, Jeans, Bellmann & Fletcher, Kansas City, for appellant.

William L. Webster, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before LOWENSTEIN, P.J., and PRITCHARD and TURNAGE, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Denied June 30, 1987.

Court of Appeals Opinion Readopted February 1, 1988.

TURNAGE, Judge.

Bernard D. Boney was found guilty of possession of more than 35 grams of marijuana in violation of § 195.020, RSMo 1986, after a bench trial. Sentence was 90 days in the county jail.

The only question presented is the sufficiency of the evidence. Reversed.

In November of 1985 Deputy Sheriff...

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